{"data":{"id":"us-sd/sdcl-59-12-37","jurisdiction":"us-sd","citation":"SDCL § 59-12-37","heading":"Retirement plans.","body":"(1) For purposes of this section, the term, retirement plan, means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:\n(a) An individual retirement account under 26 U.S.C. § 408;\n(b) A Roth individual retirement account under 26 U.S.C. § 408A;\n(c) A deemed individual retirement account under 26 U.S.C. § 408(q);\n(d) An annuity or mutual fund custodial account under 26 U.S.C. § 403(b);\n(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. § 401(a);\n(f) A plan under 26 U.S.C. § 457(b); and\n(g) A nonqualified deferred compensation plan under 26 U.S.C. § 409A.\n(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:\n(a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;\n(b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;\n(c) Establish a retirement plan in the principal's name;\n(d) Make contributions to a retirement plan;\n(e) Exercise investment powers available under a retirement plan; and\n(f) Borrow from, sell assets to, or purchase assets from a retirement plan.","path":["TITLE 59. AGENCY","CHAPTER 59-12. UNIFORM POWER OF ATTORNEY ACT"],"source_url":"https://sdlegislature.gov/Statutes/59-12-37","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"8df5fc35d152d1b5eb414f7eef47f103fc4c7741f4f318c88e07da3eee135cc7","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-59-12-36","next":"us-sd/sdcl-59-12-38"},"notice":"GroundRules: Original legal text. Not legal advice."}